Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1887-08-26
JAKE SHARP'S CASE.
j adge Potter Grants 8 stay OF Proceedings
He VIII Apply FOR Eaii.

Jddge Potter Grants 8 stay OF Proceedings
He VIII SppIy FOR Ball.
NEW YORK, Aug % Judge Potter
granted stay o. proceedings in JacOb
Sharp's case, on the grounds That there
is g reasonable doubt that the judgment
reached in the cOartOi Oyer and Ierminer
should stand, and he orders stay IN the
execution OF such judgment until TIE zp-
peal snail oe decided by the general
term. Che news OF granting the stay Of
proceedings was handed personally to
Mr.. Sharp, who resd it without showing
any signs OF emotions OF making any COM
ment. mT Sharp then handed it to MS
wife, who read it and seemed delighted.
Bourkc Cochran this afternoon said the
case could not come up until the general
term next October. Application will he
made 10 baye Sharp released on bail by
some Judge CT the Superior court.
Judge Potter IL his decision says;
Having become impressed vita the clear
conviction that the trial court ieu into
error IN the admission Of some OF TIE evil
dcEce offered by tie pr0ssc ltio1, and
that for those errors he Appellate
court must grant defendant : new
trial, nave not, therefore,
examined the evidence further than 10
find that il hsd some relation - the OBJ
Lotions and exceptions 10 the evidence
received upon trial, ard tA3 charge OF
the trial Judge. have been called upon
TO examine the charge, and ! an quite
free TO Ssy the charge is remarkably clear,
fair and faultless. In my opinion the
important evidence evolved upon the
trial in these respects was,
l. The testimony by the defendant be
fore the railroad committee of the
Senate, authorized and directed to
investigate the means and me hods used
to obtain consent Of the lccsl authorities
to construct the Broadway Surface Rail
way.
,. The fact Of the absence CT persons
charged in the Indictment with the defen-
GGnc with the crime Of bribery and So
iourus in Canada as al excuse of their
reproduction Is witnesses against the
defendant by the prosecution.
.. TIE opinion or sEpp0siti0n OF the
witness. Miller, as TO the motive or pur-
pose OF DeIacy when ne handed Miller the
$4,000.
The testimony OF the defendant was
| taken before the Senate committee under
resolutions passed By the Senate. The
Judge then quotes the resolutions and
continues: The testimony given by the
| defendant in answer 70 questions 10 him
| by the Senate committee and its council
were received in the evidence over the
objection and exception upon
trial Of indictment Of the de-
PENDANT for the bribery OF one of the
hoard CT aldermen to construct the
! Broadway Railway. l am decidedly Of
the opinion that the court erred in the
admission of such testimony. The rule
ST common law and before the adoption
Of the constitution OF the United States,
or that Of any of the states, was that g
witness should hot be obliged to, give
evidence, which could be used against
himself in any criminal trial. That prin-
ciplG is embodied in the constitution Of the
United States IN these words: ono per
son shall be compelled in any criminal
case TO be = witness against himself.
The same principle IS substantially con-
tanned in express terms IL the bill OF
rights and the constitution OF every state
of the zion.
At the district attorneys Office many
inquirers called. No official notice has
b. en- received there. The clerk notified
District Attorney MARITIME by telegraph
81 SeSDrlgnt, SnQ expected MIN DICE
to-day. Messages were sent to Mr.. De
lacy at Bar HaTbor and TO Colonel Eel
lows at York Harbor. Much It ioicing
was heard in the crowds around the
building, snd the general opinion was that
Judge Potter had Justly decided 10 grant
q stay Of proceedings. 1t is be
lieyed the question of bail will
be argued before Judge Potter
Some dsys sgo Mr.. Nicoll said, speak
ing for MARITIME, that the latter would
strenuously oppose any motion to admit
Sharp to bail in case Of such magnitude
where SO much time and expense haG
been spent IN securing conviction. Hc
thought in cucn contingency the motion
if argued before Judge Potter, would b;
made at White Hall. Any judge il tht
state can be called upon to tx bail by tht
defense. The prosecution are obliged t
: appear and argue the case.